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Home My WebLink About20172913.tiffLAND USE APPLICATION SUMMARY SHEET CHANGE OF ZONE Planner: Diana Aungst Hearing Date: August 1, 2017 Case Number: COZ17-0005 Applicant: Lisa Beilman c/o Bob Christie Request: Change of Zone from PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District Legal Description: Lot B of Recorded Exemption RE -3685 being part of the SW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 15 and approximately one quarter mile north of CR 84 Acres: +/- 55.0 acres Parcel #. 0705-05-3-00-018 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: With Comment: Weld County Department of Public Works, referral dated June 23, 2017 Weld County Department of Planning Services - Engineer, referral dated June 27, 2017 Weld County Department of Public Health and Environment, referral dated June 26, 2017 Without Comment: y Weld County Sheriff's Office, referral dated June 5, 2017 y Weld County Zoning Compliance, referral dated June 1, 2017 y Weld County School District RE -4, referral dated June 2, 2017 y Fort Collins Conservation District, referral dated June 11, 2017 y State of Colorado, Division of Water Resources, referral dated June 23, 2017 The Department of Planning Services' staff has not received responses from: 81V V V V 81 Larimer County Cactus Hill Lateral Town of Severance Colorado Parks and Wildlife North Weld County Water District Poudre Valley Fire Protection District Weld County Department of Building Inspection COZ17-0005 Page 1 of 6 Planner: Case Number: Applicant: Request: Legal Description: Location: Acres: Summary: CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Diana Aungst Hearing Date: August 1, 2017 COZ17-0005 Lisa Beilman c/o Bob Christie Change of Zone from PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District Lot B of Recorded Exemption RE -3685 being part of the SW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, CO East of and adjacent to CR 15 and approximately one quarter mile north of CR 84 +/- 55.0 acres Parcel #. 0705-05-3-00-018 The site is a 55 -acre lot which has no structures. The land was zone PUD under case PZ-1099 in 2005. The current buyer would like to construct a single-family residence and does not want to complete the PUD that was started in 2005. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County. Section 22-2-120.A. - R.Goal 1. states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." The property is currently vacant land and the applicant is proposing to construct one single- family residence that will be served by North Weld County Water District and individual on - site wastewater treatment systems for sewer (OWTS). Section 22-2-12.C. - R.Goal 3. states, "Consider the compatibility with surrounding land uses, natural site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." The site is a 55 -acre lot which has no structures. The land was zone PUD under case PZ- 1099 in 2005. The current buyer would like to construct a single-family residence and does not want to complete the PUD that was started in 2005. COZ17-0005 Page 2 of 6 B. 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. The uses proposed are residential and agricultural. These uses are compatible with the surrounding land uses. C. 23-2-30.A.2. - That adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. According to the referral comments from the Department of Public Health and Environment the parcel will be served by North Weld County Water District and an individual septic system will provide sewage disposal for the home. D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The referral comments from the Weld County Public Works Department dated April 4, 2017 did not indicate any concerns with the adequacy of County Road 15. E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-30.A.5.a. - The proposed Change of Zone is not located within an Overlay District or in a Special Flood Hazard Area. 2) Section 23-2-30.A.5.b. - The site is an existing 55 -acre property. Earth Engineering Company, Inc., review the site for mineral resource potential and stated in their analysis that there do not appear to be any economically recoverable resources on the subject property. 3) Section 23-2-30.A.5.c. - The use on the subject property will allow the owner to build a single-family residence. The Fort Collins Conservancy District referral agency comments dated June 11, 2017 indicated no concerns. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Change of Zone from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled COZ17-0005. (Department of Planning Services) 2. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of Planning Services) 3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4. County Road 15 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. COZ17-0005 Page 3 of 6 The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. Show and label the approved access(es) (AP17-00338). (Department of Public Works) 6. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 2. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for A (Agricultural) uses and shall comply with the A (Agricultural) Zone District requirements as set forth in Article III Division 5 of the Weld County Code. (Department of Planning Services) B. The property owner shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) C. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) D. The Board of County Commissioners approved the waiver of the minimum lot size in the A (Agricultural) Zone District as specified in Section 23-5-50.A.1. of the Weld County Code on August 30, 2017. (Department of Planning Services) E. The property owner shall control noxious weeds on the site. (Department of Public Works) F. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) G. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) H. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services -Engineer) I. Water service may be obtained from North Weld County Water District. (Department of Public Health and Environment) J. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) K. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) L. Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) COZ17-0005 Page 4 of 6 M. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, 2006 International Fuel Gas Code, 2012 International Plumbing Code, and 2014 National Electrical Code. 2003 ANSI 117.1 Accessibility code and Chapter 29 of the Weld County Code. (Department of Building Inspection) N. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs. O. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) P. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. Q. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well - run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning: flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.5., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. COZ17-0005 Page 5 of 6 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one - hundred -twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within one -hundred -twenty (120) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) (Group 6 is not acceptable). 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one -hundred -twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 -month period. COZ17-0005 Page 6 of 6 July 11,2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 CHRISTIE BOB PO BOX 322 OAKLAND, FL 34760 Subject: COZ17-0005 - Change of Zone from the PUD (Planned Unit Development) Zone District to the (A) Agricultural Zone District. On parcel(s) of land described as: LOT B REC EXEMPT RE -3685; PART SECTION 5, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 1, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 30, 2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Diana Aungst Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 May 31, 2017 CHRISTIE BOB PO BOX 322 OAKLAND FL 34760 Subject: COZ17-0005 - Change of Zone from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District On parcel(s) of land described as: PART OF SECTION 5, T7N, R67W LOT B REC EXEMPT RE -3685 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Severance at Phone Number 970-686-1218 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, VSkik&-Q9,attAlj, Diana Aungst Planner FIELD CHECK Inspection Date: 7/21/17 Case Number: COZ17-0005 Applicant: Lisa Beilman clo Bob Christie Request: Change of Zone from PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District Legal Lot B of Recorded Exemption RE -3685 being part of the SW4 of Section 5, T7N, Description: R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 15 and approximately one quarter mile north of CR 84 Acres: +/- 55.0 acres Parcel #. 0705-05-3-00-018 Zoning Land Use N A (Agricultural) N Agriculture / Rural Residential E A (Agricultural) E Agriculture / Rural Residential S A (Agricultural) S Agriculture / Rural Residential W A (Agricultural) W Agriculture / Rural Residential COMMENTS: The site is vacant land. °g." "``_trz' Diana Aungst, Planner Hello